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HomeMy WebLinkAbout2007-071 Council Resolution• Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-71 RESOLUTION APPROVING UTILITY RELOCATION AGREEMENT QWEST COMMUNICATIONS LAKE DRIVE/I -35W INTERCHANGE RECONSTRUCTION S.P. 0280 -55 (T. H. 35W =394) WHEREAS, the City plans to let a contract to construct State Project Number 0280 -55, State Aid Project No. 02- 623 -13, State Aid Project No. 210 - 020 -04 (Project), on Federal Aid Interstate Highway Number 35W =394, which is part of the National System of Interstate Highways.. The Project is located in Lino Lakes, Minnesota at 35W and CSAH 23 (Lake Drive; and WHEREAS, Qwest Communications owns and operates, its fixtures, and related equipment (Facilities) within the limits of publicly owned right of way. The Facilities are within the limits of the Project; and. • WHEREAS, the Utility Owner must relocate the Facilities that are within the Project limits. The Utility Owner has requested reimbursement for the cost of this reimbursement from the City; and • WHEREAS, Minnesota Statutes, section 161.20 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system; and WHEREAS, under Minnesota Statutes, section 161.46, the State may reimburse the Utility Owner for the cost of relocating its Facilities; and WHEREAS, the State of Minnesota and the City of Lino Lakes have entered into an agreement for the construction of such improvements and the City is responsible for providing said reimbursement; and WHEREAS, the Code of Federal Regulations, title 23, part 645, subpart A, and as amended requires a written agreement that specifies the work the Utility Owner will perform for reimbursement. This Agreement is subject to all state, federal, and other applicable laws and regulations. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. that the City Council hereby approves the Utility Relocation Agreement with Qwest Communications for the Reconstruction of the Interchange of County State Aid Highway 23 (Lake Drive) and I -35W and authorize the Mayor and City Clerk to execute said agreement on be f the City. John so , Mayor Adopted by the Lino Lakes City Council this 14th day of May, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Stoltz and upon vote being taken thereon, the following voted in favor thereof: Reinert, Stoltz, O'Donnell, Carlson, Bergeson The following voted against same: none • Whereupon said resolution was declared duly passed and adopted. • • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6Bii & 6Biii Michael Grochala May 14, 2007 ii. Consideration of Resolution No. 07 -71 Approving Utility Relocation Agreement with Qwest Communications, Lake Drive /I35W Interchange iii. Consideration of Resolution No. 07 -71 Approving Utility Relocation Agreement with Qwest Communications, Lake Drive /I35W Interchange ACTION REQUIRED: Simple Majority BACKGROUND As part of the Lake Drive /35W Improvement Project private utilities will need to be relocated to facilitate the roadway improvements. Both Qwest Communication and Xcel Energy have existing utilities Tying within the Interstate 35W right -of -way that will be relocated for the bridge construction. Pursuant to Minnesota Statute 161.46 utilities are entitled to reimbursement for relocation expenses for utilities within the interstate right -of -way. The City has prepared relocation agreements for both utilities in accordance with state requirements. The relocation costs for Qwest and Xcel are $89,718.12 and $38,169.00 respectively. These costs are included within the project budget. RECOMMENDATION Staff is recommending approval of Resolutions No. 07 -70 and 07 -71. ATTACHMENTS 1. Resolution No. 07 -70 2. Qwest Relocation Agreement 3. Resolution No. 07 -71 4. Xcel Relocation Agreement Lit